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SOUTHERN RHODESIA.
DESPATCH
TO TllK
HIGH COMMISSIONEIi FOR SOUTH AFRICA
TRANSMITTINCr
Draft Letters Patent providing for the constitution of Responsible Government in the Colony of Southern Rhodesia, and other draft Instru- ments connected therewith.
Presented to Parliament by Command of His Majesty. January, 1922.
LONDON: POBLISHED BY HIS MAJESTY'S STATIONERY OFFICE.
To be purctiaspfl tlirough anv Pjooksf^ler or dirfcHv from
H.M. STATION KKV OFFli'H ;it tlin followiu^ ali.li esses :
Imperial Hocse, Kingsway. London, \V.<".2. ami 'M, AiiiNtinoN Sikket, London. S.W.I
37. Peter Street, Manchester ; L St. Anhrews Crescent, Caruife ;
Ti, Forth Street. EmNiuROU,
1922.
[Cmd. 1573. J
Price Gd. Net.
DESPATCH
TO THE
HIGH COMMISSIONER FOR SOUTH AFRICA
TRANSMITTING
Draft Letters Patent providing for the constitution of Responsible Government in the Colony of Southern Rhodesia, and other draft Instruments connected therewith.
SOUTH AFRICA. SOUTHERN RHODESIA.
Downing Street,
22n(i December^ 1921. Sir,
I have the honour to transmit to Your Eoyal Highness copies of the following draft Instruments : —
(a) Draft Order in Council annexing the Territory of Southern Rhodesia.
(6) Draft Letters Patent providing for the constitution of Respon- sible Government in the Colony of Southern Rhodesia.
(c) Draft Letters Patent constituting the office of Governor.
{d) Draft Instructions to the Governor.
2. These drafts are in the form in which I have determined them after hearing the views of the Delegation of Elected Members, and of the British South Africa Company.
3. Drafts (c) and {d) are adapted from the forms used in granting responsible government to the Transvaal in 1906, and do not, I think, call for any explanation. Draft (a) and the main draft (6) are based on the recommendations contained in the first report* of Lord Buxton's Committee. The origin of the various clauses of draft {h) is shown in the marginal references ; I need, therefore, only refer to such points as require special comment.
4. Clause 1 relating to the future Legislature has been drafted so as to enable the Legislative Council now subsisting to function, if required, during the short period between the coming into force of the Letters Patent, as provided in Clause G3, and the date of nomina- tion of candidates for the first elections to the new Legislative Assembly. This period could not be more than about five months, since the first session must be held within six months of the commencement of the Letters Patent (Clause 16 (2)). The Legislature would be, in the first place, unicameral, as proposed by Lord Buxton's Committee, but Clause 2 provides for the future constitution of a second Chamber.
• IC.d. 1273, . ^^^ ^.^^^^^
349- ' G-19 s
5. Clause G applies the existing; electoral laws <,'riieral]y, subjeet to such ameudnients as might in the future be made by the Legislature. In the course of the discussion with the Delegation a suggestion was made that provision should be made for a system of j)roportional representation, but I have not felt able to introduce an electoral change of this importance into the Letters Patent. The matter is one which could, of course, be dealt with by the new Legislature.
G. The question has been considered in connection with Clause 8 whether provision should not be made for the automatic redivision of the Colony into electoral divisions at stated periods, as was done in the Transvaal Letters Patent of 190G. There is much to be said for this proposal, but the question is one which I would in the circum- stances rather leave to the new Administration. I have, therefore, thought it preferable not to provide for this in the Letters Patent.
7. Under Section 28, relating to the class of Bills to be reserved, it will be seen that the Governor will be required to reserve any law altering or amending the arrangements relating to the collection and allocation of mining revenue in force at the commencement of the Letters Patent under any existing law or otherwise or any law^ imposing any special rate, tax, or duty, on minerals in or under land within the Colony. In making this provision it is not intended to suggest that the Company's mineral rights would not be fairly treated by the new Administration. His Majesty's Government feel, however, that the position of the British South Africa Company in regard to the minerals is in two respects special. First, there is the pronouncement of the Judicial Committee of the Privy Council as to the connection between the existence of these mineral rights and the absence of any provision for the remuneration of the Company for its administrative ser\'ices, and secondly, there is the arrangement as to the allocation of mining revenue adopted by Lord Cave's Commission, as set out in the despatch of the 17th March," 1921, printed at p. 20 of [Cmd. 1273]. These con- siderations have led me to insert clause 28 {d) in the draft.
8. Clause 28 (e) deals with a matter which has required and has received my most careful consideration, namely, the position of the existing railways in relation to the general powers of legislation conferred by the Letters Patent.
I have no reason to anticipate, and 1 fully accept the assurance which I have received from the Delegation on this head, that these powers would be exercised in any spirit but that 6i comj)lete good- will towards enterprises which have contributed in so large a measure; to the development of Rhodesia, and now play so important a j)art in the scheme of Ln])erial communications. But I have been deeply impressed by two features of the situation : — first, the magnitude of the investment made by the British South Africa Company in the railways, and the very heavy burden of financial obligation assumed by the British South Africa Comjiany in the guarantees which they have given to the Debenture holders ; and secondly, the absence of anything like a code of railway legislation, determining the relative rights of the railway proprietors and the general community. If such legislation had existerl, the claim of the British South Africa Company
to the recognition of its sjiecial position in relation to the "railways might well have been left to the general powers of protection conferred upon the Imperial authorities by the Letters Patent. The new Legis- lature should not, I think, find it difficult to frame suitable legislation having regard to the experience of this country in dealing with private Railway Companies and to the assistance which they would derive from a study of the legislation in force here, and after careful con- sideration of all the circumstances I have come to the conclusion that the requirements of the case would be met by providing for the reservation of any law dealing with railways in the Colony, until legislation shall have come into force in Southern Rhodesia adopting so" far as may be applicable the provisions of the law in force in the United Kingdom relating to the Railway and Canal Commissioners and to the Rates Tribunal provided for by the Railways Act, 192L
This course, whilst not affecting the general right of the new Colony to legislate in connection with railways, in the interests of law, order, and good government, would afford the Company the same measure of protection to its railway rights as exists in similar cases in the United Kingdom.
9. In connection with Clause 38, I may observe that I am advised that no special provision is necessary to preserve the present system of appeals from the High Court of Southern Rhodesia to the Appellate Division of the Supreme Court of South Africa, since this matter is dealt with in Section 103 of the South Africa Act, 1909. It may be noted, however, that there would be nothing to prevent the new Administration legislating under a particular Act for direct appeal from the High Court to the Privy Council in a new class of civil cases in which under the law^ in force at the establishment of the Union there was no appeal to the Supreme Court of the Cape.
10. The Clauses relating to Native Administration (39-47) are designed to preserve the essential features of the existing system of native administration which has worked satisfactorily in the past. Provision tas akn Kppti marlp inv fliP prtspjble futuiP pstabljshffi^nt of Native^ Coiincils in the Reserves on the lines of the rec£nt-IInion Act_23 of J.^^ In connection with Clause 43, the Rhodesian Dele- gation suggested that specified Hi stricts should be^ set aside" "5j the High Commissioner in wh^*^!^ naf^rpg nlf>]^P Tr^jglif. acquire land aiid within which Europeans^ should not bo allowed to do so. I have informed the delegates thatJhe existini:; clause enshrines a long accepted ])rineijjejmfl3hat}J-^0"lH be nnwilling_,to_ajjree to an alteration^ the corollary of .^gjiich seems to be the exclusion of natives from other areas ; but that if full and impartial enquiry should show, after responsible government had come into force, that some amendment of the la\\^ is necessary. His Majesty's Government would be prepared to consider an amendment.
11. Clause 48 deals with the unalienated lands and provides for the appointment of a Crown Land Agent (assisted by an Advisory Board), who is empowered to dispose of the lands at such prices as may in all the circumstances be in his opinion fair and reasonable, the revenue derived therefrom being paid to the British South Africa Company
so long as any ])art of tlie debt due to tlio Com|)any on account of tho administrative deficit remains unpaid. The Clause has been drawn in this form since the Biitish South Afiica Company objected to the proposal made by Lord Buxton's Conunittee for tlie establishment of a Land Board. The Company maintain, indeed, that the Clause is inconsistent with their rights under the Privy Council judgment, but this view is regarded by the Legal Advisers of tlie Crown as witliout foundation.
12. Clause 51 states that in the event of any moneys being jirovided by the Lords Commissioners of the Treasury for the payment of compensation to the British South Africa Company in lespect of any buildings and works which may be taken over in accordance with provisions of x^rticle 33 of the Company's Charter, the Consolidated Revenue Fund would be charged with all such moneys together with interest at a rate to be fixed by the Treasury, and all such moneys and interest should be rejiaid not later than one year after the com- mencement of the Letters Patent. As was explained in Lord Milner's memorandum of December, 1920,* it is considered that this is an obligation which must clearly devolve upon the new Administration, who will also, of course, have to repay any of the annual loans of £150,000 which His Majesty's Government may advance pending the grant of responsible government. I am advised that in the case of the movable assets, which are also referred to in Lord Milner's memo- randum, the property in tliese will pass to the Crown on the termination of the Company's administration, without the necessity for any pay- ment in cash, the cost being included in the administrative deficits. Similarly, as regards debtor balances and creditor balances, these will be added to or deducted from the administrative deficits. I shall no doubt have to address you further on this subject in due course.
L3. Clauses 56 and 57 deal' with the position and pension rights of the public officers of the territory. In framing these clauses I have given careful consideration to the representations )nade on ))ehalf of the Southern Rhodesian Civil Service and the Police, and I am con- fident that the clauses should adequately secure the rights of public servants.
14. The only other matter I need refer to is the question which has been raised whether, in the event of the grant of responsible government to Southern Rhodesia, certain other territories should be admitted, viz., the railway strip in Northern Rhodesia and the Tati district in the Bechuanaland Protectorate. I am advised, however, that these territories could, if it is found desirable, be added to Southern Rhodesia after annexation, under the Colonial Boundaries Act, and no special provision in the Letters Patent is necessary.
15. These Letters Patent, if finally adopted, would, in the view of His Majesty's Government, confer on the people of Southern Rliodesia a full and satisfactory control of tlieir government and administration subject only to tlie reservations which the peculiar liistory of tiie country imposes. They embody a policy which, if the ])eoj)le of Southern Rhodesia should decide ultimately to adopt it. His Majesty's
* Appendix II in (Cnid. 127;i.J (B3;28y) 4. 2
Government would be ready to carry out. There is, however, an alternative policy — that of entry into the South African Union, which the people of Southern Rhodesia must also consider, and since the South Africa Act has not defined the conditions of entry it is my intention that a delegation should be apj)ointed to confer with General Smuts for the purpose of ascertaining the exact terms on which Southern Rhodesia could enter the Union. When these terms have been ascer- tained, and a sufficient time has elapsed for consideration and public discussion on these alternative policies, it is my view that the people of Southern Rhodesia should declare their opinion by means of a Referendum which would place both policies before them. The precise form of the Referendum need not be determined at this stage.
16. You should cause this despatch and the enclosures to be published in such form as may seem to you to be most convenient.
I have, etc.,
WINSTON S. CHURCHILL.
HiGU Commissioner
Major-General His Royal Highness Prince Arthur op Connaught,
K.G., K.T., G.C.M.G., G.C.V.O., C.B.,
ETC., ETC., ETC.
ENCLOSURE No. I.
SOUTHERN RHODESIA.
[Draft Order in Coimcil Annexing the Terrilnrj/.)
WHEREAS the Territories in South Africa situate witliiii the limits of the Southern Rhodesia Order in Comuil 1898 and Unown as Smitiiern Khoth'sin are under the ])roteotion of His Majesty the King :
And Whereas Britisli subjects have settled in iarfxe numbers in the said Territories and it is expedient, with a view to the further (U-velopment and more convenient administration of the said Territoiies, that they shouhi be annexed to and should henceforth form pait of His Majesty's ])ominions :
Xow, Therefore, His Majesty is pleased, by and with the advice of His Privy (Council, to order, and it is hereby ordered, as follows : —
1. Title of Order. — This Order may be cited as the Southein Rhodesia ( Aiuiexa- tion) Order in Council, 192 .
2. Limits of Order. [See Southern Rhodesia Order in Connril 1898, Sen. 4.] — • Until further provision shall be made in lespect thereof, the limits of tliis Order ai'c the jiarts of South Africa boimded by the Portuguese Possessions, by the Union of South Africa to a point ojjposite the mouth of the River Shashi, by the River Shashi to its junction with the Tati and Ramaquaban livers, thence by the Ramaquaban river to its source, thence by the wateished of the liveis Shashi and Ramaquaban until such watershed sti'ikes the Hunters' Road (called the Pandamatenka road) thence bj' that road, to the River Zambesi, and by tiiat river to the Portuguese boimdary. The'said limits include an area of ten miles radius round Fort Tuli, but exclude the area of the district known as the Tati district as defined by the C'harter of the 29th day of October, 1889, incorjiorating the British South Africa C'onipany.
.3. Annexation. Name of Coloni/. — From and after the coming into operation of this Order the said Tei'ritories shall be annexed to and form jiart of His Majesty's Dominions, and shall be known as the Colony of Southein Rhodesia, hereinafter called the Colony.
4. Validitfi of Orders in Council, etc., and of Acts done thereunder. — Nothing in this Order shall affect the validity of any Order in Council affecting the said Territories, or of any Ordinance, Proclamation or Regulations ])assed or issued under any such Order, or of any act or thing done under any such Order, Ordin- ance, Proclamation or Regulations, save in so far as any provision of any such Order, Ordinance, Proclamation oi' Regulations may be repugnant to the pro- visions of any Act of Parliament w Inch may, by reason of the annexation hereby declared, become extended to the Colony or to any Order or Regulation maile under the authority of anj' such Act or having in the Colony the force and effect of any such Act.
' 5. Cormmncement of Order. — This Order shall be published in the Official Gazette of Southern Rhodesia, and shall thereupon commence and come into operation, and the High Commissioner shall give directions for the publication of this Order at such places and in such manner, and for such time or times, as he thinks proper for giving publicity thereto within the Colony.
6. Pou'er to revoke, etc. — His Majesty may from time to time revoke, alter, add to, or amend this Order.
And the Right Honourable Winston Spencer Churchill, one of His Majesty's Principal Secretaries of State, is to give tlie necessary dii-ectiona herein actoid- ingly-
(b 3/289j A 3
DKAFI'.
8 ENCLOSURE No. II.
SOUTHERN RHODESIA CONSTITUTTOX.
Abbremations in marginal referpvce.<t* N. = Natal Constitution Act, 1893. T. = Transvaal Constitution Letters Patent, 1906. M. = Malta Constitution Letters Patent, 1921. S.R. = Southern Rhodesia Order in Council, 1898. Report = First Report of Lord Buxton's Committee. [Cmd. 1273.]
Letters Patent providing for the constitution of Responsible Government in the Colony of Southern Rhodesia.
George the Fifth by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, unto all to whom these presents shall come Greeting.
Recites Southern Rhodesia Order in Council 1898 and Amending Orders. — Whereas by the Southern Rhodesia Order in Council 1898, as added to altered or amended by divers further Orders in Council provision was made for the administration of the government of certain territories of Africa under Our protection and known as Southern Rhodesia :
Recites Southern Rhodesia (Annexation) Order in Council \92 . — And whereas by an Order in Our Privy Council bearing date the day of
192 , and known as the Southern Rhodesia (Annexation) Order in Council 192 it is provided that the territories within the limits of the Southern Rhodesia Order in Council 1898 and known as Southern Rhodesia, shall, from and after the coming into operation of the said Order, be annexed to and form part of Our Dominions, and shall be known as the Colony of Southern Rhodesia :
And whereas the said Order in Council was piiblished in the official Gazette of Southern Rhodesia on the day of 192 , and thereupon
commenced and came into ojieration :
And whereas We are minded to provide for the establishment of Responsible Government, subject to certain limitations hereinafter set foith, in Our said Colony :
Now know ye that We do declare Our will and pleasure to be as follows — -
The Legislature.
1. The Legislature. — In place of the Legislative Council now subsisting there shall be a Legislature consisting of a Legislative Council and Legislative Assembly, constituted as hereinafter provided.
Subject to the provisos hereinafter contained, the constitution, appointment and powers of the Legislative Council now subsisting shall continue in force until the date of the nomination of Members for election to the Legislative Assembly, and no longer. (T. l.N. 3.)
Provided however that until the said date (New) :—
(a) The persons other than the Administrator who at the commencement of these Our Letters Patent are Members of the said Legislative Council now subsisting shall continue to be Members thereof ;
(/>) The Governor of the Colony shall be a Member of the said Council in place of the Administrator, and shall preside at the meetings theieof, and in his absence such other Member of the said Council as may be appointed in writing by the Governor shall preside ;
(r) The power of the British South Africa Company to remove or suspend nominated Members of the said Council shall be vested in the Governor, and whenever the seat of a nominated Member becomes vacant by death, resignation or removal, the Governor shall appoint a successor.
* These are printed here in black type at the end of the paragraphs.
The Legislative Council.
2. Legislative Council. Conslilvlimi. — It shall l)c lawful a( any (iiii<- after the connnc-ncoincnt of these Our Letters Patent for tlie Le<;islative Ass(inliiy to pasK a law, subject as hereinafter provided, constitutiii<i the Le^'islati\c Couiieil, nnd until any sueh law shall have been ])assed and biou^dit into ojieiation the Lr^'is- lativc Assembly shall be for all purjjoses tlie Lefrislature witiiiii the lueanin;.' of these Our Letters Patent. (See Report, § 60 (b).)
The Legislative Assembly.
3. Legislative Assembly. Conslilvlirm. Election nf M(iiili('i.-<.~ 'l'\\r \A}i[s\ni'\\v Assembly shall consist of Members who shall be elected by tiu^ voters in and for the several electoral distiicts as hereinafter deiined, and foi- the jnn pose of constituting the Legislative Asscml)ly the Governor, befoie the time a]>|H)intcd for the first meeting thereof, and tlieieaftci' from time to time as occasion shall require, and without undue delay, may in Our name issue writs under the Public Seal of the Colony for the general election of Members to serve in the Legislative Assembly. (T. 8. N. 22 & 23.)
4. Qualifications and disqnaJificah'ons of voters. — The qualifications and dis- qualifications of persons to be voters at any election of Mcmbeis of the Legislative Assembly to be held under the provisions of these Our Letters Patent shall be those prescribed by the existing elcctoial laws of the Colony, as hereinafter- defined, or by anj' laws amending or substituted for the same hereafter to be passed bv the Legislature constituted bv these Our Letters Patent. (Sec Report, §60 (b).)
5. First elections. — (1) For the puij^ose of tlie first election of Mend)ers of the Legislative Assembly, to be held under the provisions of these Our Letters Patent, the voters shall be the persons whose names apjiear on the register here- inafter mentioned. (T. 11 (1), as modified in M. 15 (1).)
(2) For the pui'pose of the said first election the electoral districts shall be those constituted under the existing electoral laws of the CJolony for the jiurposc of the election of Members of the subsisting Legislative Council. Jt shall be law- ful for the Governor by Proclamation published in the Gazette to declare wliat number of Members shall be elected to the Legislative Assembh^ for each district and where more than one Membei- is to be returned for any district to make any necessary amendments in the existing electoral laws of the Colony with regard to the metliod of voting and the general conduct of the election. (M. 15 (2). Cf. S.R. 18.)
(3) For the purpose of the said liist election the Governor shall as soon as practicable after the date of the commencement of these Our ]x>tters Patent cause lists of voters resident in each such electoral district at that date to be compiled in accordance with the existing electoral laws of the Colony, and the lists so compiled shall constitute the register of voters for the said first election. (T. 11 (2) as modified in M. 15 (4).)
6. Application of existing electoral laws for purposes of- elections gencrallij. — Subject to the provisions of the last preceding section the registration of voters, the preparation of lists of voters, the nomination of candidates, the conduct of elections and the hearing of election ])etitions shall be cariied out in accordance with the existing electoral laws of the ColonJ^ or any laws amending or substituted for the same hereafter to be passed by the Legislature constituted by these Oui Letters Patent. (T. 12. N. 24. M. 19.)
7. Biennial comjmtulion of voters.- Vor the pur])oscs of the computation here- inafter provided for, every liegistering Ofhcer in the Colony shall, from time to time, between the comjjletion of one registration of voteis and the rlate fixed for the next registration under the existing electoral laws of the Colony, insert in the alphabetical list of persons resident within his area who are within his judgment entitled to be registered, the name of any ])erson who since the com- pletion of the said first mentioned legist rat ion shall claim to have, and who in the judgment of the Registering Oflicer has, become entitled to be registered as aforesaid, and at the end of eveiy two years there shall be a comjiutation of the total number of persons inserted in the list for every such area. The first
10
<'iiiii|miImIii>ii mIijiII Im' iiiaili in. I IjiIci IIiiiii llir hi;;l iljiy <if I (icniilni , IML' . (Now, .;/. T. 13.)
H. liiilirlsioii iif Coli'iii/ into iltrlniiil (li.slrids. ll|i(.ii the cumiili-l ii)ii nf I lir (iiHl. hioiiiiiiil, luid lli(>ivailci' of ovvvy allciiiiilc' Iticimiiil <M)m|intali()ii. »h iifori'- Hiiid. it hIihII I)c lawful for I Ik^ L(«-jriHla"(iiiv l»y an Act to Ix- |»mhh<mI for llial |mii|»oho if i(<(|iiinHl l»y I lit' K''"^vtli or (IIhI lilMilimi of tin- populat ion l.o rcdividc Sonllicrii lUioilcMia into i-lcc.loral (liHlriclH for llic purpoMr of Hit' ricction of Mi-miIiimh of tlic LrK'iHliHivt" AHS(<nil»ly. and hy hihIi Ad to dflcrniinc Hit- nninlu-r of McimIm is to lio rcliiriu'd for (micIi hiicIi ••Icclonii disliicl. (T. 14 aw modihod in M. 24.)
\). Will II mlirisinii iif ('(ihiiiji lo niiiir into oi>rniili>ii. Any icdiviHion of l\w (Nilony made aH afoicHaid sluill conic into opciiilion at liic next "general election li»«ld after llie coin|tlct inn oi I lie redivinion, iiiid iimI earlier. (T. 17.)
10. Qiiiilifinilliiii of Mniihiin of Ixi/lMlaliir. A.'isrinhli/. Until otlierwiHi^ |iro- vided liy tlie hc^^islal ni'c conHtiliilcd liy llieHc Our LetttMH ralcnl, |M«rHonH <|iialilicd under the (vxistin^j el(>eloral lawH of the (.'olony to Iteconie Mondiers of th<' Le^'i.Mlativc Conneil now Hultsi.slinj^ Hhall lie (|iialilied lo liccoine .MeinherH of the Lej^iHlalive .VsHenilily. (N. 23 lal fiiinii.)
11. Sitridrr lunl lirjuilii Si>ridrr of hiyLsliiliir .l.s.sc»/V>///. The Le^inlalivo AHsemlily sliall. on their lirsl inectint^, heforc proceediiin; Id (,h(< diHpatch of any other husincs.s. elec^l one (d' llieii' Meinluun to he Speaker and anoth<'r to he Di'pntv Speaker and Chaiiinan (d ( 'oiniidlt(<eH (hereinafter ealled the Deputy Speaker) of the Hn.id ,\sscinh|y (Hiihjeid in hoth eawcH to eoiilirniat ion hy tlu^ (Joveinoi) until the diMHoliition lhiM'e(d', and in eawi of vacancy in eilh(«i' odieo another Speaker or Deputy Speaker, as the cane may he, hIihII he elected in lik(< manner and snhjcil lo .mich cunlirmalion aw ahircsaid. (T. 19 (1) ns modified in M. 16 (1). N. 28.)
12. SjtcuLfr to piTsiilr. The Speaker, oi in his .ihseiiec the Deputy Speak(<r. and in the ahsence of hoth Sjieakei and Deputy Speaker .some Memher elected l»y the L(^<^inlalive AHHcmlily, Mhall pic.-iide a I I lie Meelinns Ihereor. (T. 20 an modlfiod in M. 16 (2). n! 29.)
i:t. Qiioniiii. The Le^iHlative AHHcmhly shall not he disipialilied from tin- transaction of hiisiness on aeeouiil of any vacajieies ainon^ (he Mcmhcrs thert>of, hut. th<' said .Vsst^mlily shall not Im^ eoinp(<t(Md. to prot^eed to the d(<spatch of husini'HH nnh'ss Mcmhcrs he pi'e.senl. (T. 21. N. 30.)
II. /{rsiijiiiitioH of snit ill Li'ijinliilirr .lusniilili/. .\ny Memher of the Li-^is- lative Ass(>mhly may resij^n his seat t hei(>in hy writ ini^ iindi-r his hand addiessed to 1 he Spe dvcr, and upon t he receijit of such resij^nat ion hy ( h<- Speaker t he seat of such MciiiIht .iliall Ixmoiiic vacant : (T. 22. N. 35.)
Provided t ha.t no Memher siiall, wilhonl (he permission of I he Le^^islative Assendily, resi^^n his seat whil(< any proceedings are peiidini; in respect of his (>leetion if it is a.||(>i^(Ml in those proceedings that any coriupt or illegal practices took p!ae(< at I hat election, oi' while any procei'din^^s are contemplated oi' p(<ndin^ in i-espnit. of his condiicl in. or as a Memher of, th<< Lefjislat ivc ,\ssemhly. (rf. M, 34.)
I.''), W'lil.i for JllliiK/ ritniiirif.i. (I) W'luMiever a vacancy occurs in (he Le^is- lativ<' ;\ssemhly I'lom any ciius(>, olher (han as (he resuK of an election pt^titioii, the Speaker shall, upon a rcsohilion of the said Assemhly declaiiii!^ such vacaiii\\', iidorm th<' ({ovtMiior thereof. (T. 23. N. 36 and 37.)
(2) I'rovidiMl that if such \ai:ane.v oeciiis when the henislative Assemhly is no(. in session, (he SpeakiM', or in (he case id' (he death, incapacity, or ahscnee from (he ( 'olony of t he Speidvcr, (he ( 'Icrk (o ( he .\ssemhly, *shall, on a c(<rt ilicate under the hands id' two Memheis of (he Assemhly, slatinj^ that suidi vacancy has occurred and I he cause thereof, inform (he (Jovcrnor theieof. {*('!■ M. 36 (2).)
(!l) The (Jovernor on receiving; such information shall !|\\ithout delay cause th«' necessary steps to i»e tak(<n for lilling sut h vacancy in accordance with tin- Law for thti time hein^; in force in the ('olony under the piosisions of Section (I of tluw^ (hir Letters I'alent, (T. 23 (3) tw modiliotl in M. 36 (3).) (iCf. N . 34 . )
II
IjKQtSr.ATIVK f'oUNCll- AND LwilSl. All \ K AssKM lll.Y.
l(i. Sr.'isioii.t of Ixijtslalurv. - {\) Tlicrr wliall Im- ii Scssidii of llic liCi^isladiii' (»m;o lit least in cvorv year, ho (hati a period of twelve" inoiitlis Hliall not iiilcivciie between tho last HJttiiiL; of tlie Lei^islature in (»no Sosaion and llie liisl Hiltiiij; tiiereof in tho ae\t Session.
(2) 'riio lirst Session shall he held within six months of the date when these Uur Jiettci'S Patent shall euniinenee to take elTect. (T. 24. N. 12.)
17. Place and time of holding SessionJt of Legislature. — The liisI and every ot her Session of the Le{:;islature shall ho held in sueh })laeo and at sneli time as may he notified l)y the <rovernor hy Proclamation in the (Jazette. (T. 25 as modified in M. 3." N. 13.)
18. Prorogation (iiiil iliNsuhttidii of fjfgislative Coioirll (did Lcijistuliir Assrnihlt/. (1) The (governor may from time to time prorogue tiie Lej.;iHlatnre hy Pioelama- tion, which sliall he |)ulilisli(<d in the (tazt^tte, and may in like manner, whenever he shall think lit, dis.solve the Leiiislative Council and the Legislative Asscmhly sinuiltiineously. or the Le^ishitivi^ Assembly alone.
(2) Tho Governor shall dissolve the liefi;islat ive Council and the iiCj^islat ive Assembly at the expirat i<in of live years from t he dale of the (irst meetiii)^ t hereof. (T. 26 as modified in M. 4. N. 13 and 25.)
I!). Oorenim- ni'ii/ Irdnsmit fiills In Ln/Lsldliire. 'V\h' (!o\criior may transmit by Mcssajie to the Lejiislafive ('onncil and the JjC^dslat ive Assembly the draft of any Bill which it nuiy appear to him desirable to int loduee, and all such drafts shall bo taken into consideration by the said Council anil Assembly, as thr) oaso may bo, in such convenient manner as shall be jirovided in that behalf by Rules of Procedure. (T. 27. N, 26.)
20. Oath to he taken bi/ Members of Legislature.- -(\) Kvery Member of tin Legislative ('oimcil and Lej;islative Assembly shall, before being permitted t(» .njI or vote therein, take and subsc^ribe the following oath l)efore the President or Speaker resjicctively, oi' before such ])erson as nuiy be a])pointed thereto by the Governor should such oath be nvpiired to be taken b(>fore tlu^ ajjpoint ment or election of a President or Spt^akei' as the (^ase may be :
"I, A.B., do swear that f will be faithful and bear true allegiance to liis Majesty King George the Fifth, his heirs and successors, according to Law, So help mo God."
(2) Provided (hat any person authorized by law to make a solemn a llirmal ion or declaration instead of taking an oath, may nuike such allirmation or declara- tion in lieu of sueh oath. (T. 28. N. 27.)
2L Questions to lie (tcriileil hij luKJoriti/ <f votes. Subj(H't. to the pro\'isions contained in Section 2(5 of these Our Letters Patent, all (pu'stions in the Legis- lativ<! Council or jjcgislalivc Assembly shall be deteiniined by a. majoi'ity of (he votes of Members preseni, othci than the President. S|)caker, or presiding Member, who shall, however, have and exercise a (listing vote in case of an e(piality of votes. (T. 29 as modified in M. 28. N. 31.)
22. Meniln'.r's seat v'// LegisJatKre. how vacated. M any Mendicr of the Legis- hitivo Council or JiCgislative Assembly (T. 30 as modified in M. 32. N. 32 and 38)—
(1) Shall be absent, except on the ground of illness, from the sittings of t he
|jcgislativ<i (!ouncil or the l\iegislativ(< .\ssembly, as tlu^ case may be, for a period of one month duritig any s(^ssion without th(5 leave of the- fjcgislativc) (Council or th(i Legislative; .Vssembly, as the ease may be ; or
(2) Shall have any direct or indirect pecuniary intcresl in any conlract
with the- Government of tlie Colony for (jr on account of the public service otherwise than as a member and in (U)nnnon with the other members of an incorporated com])aiiy consist ing of more than twenty live persons (N. 33. M. 32 (2)) ; or (."{) Shall take any oath, or make any declaration or acknowh-dgment of allegiance, obedience, or adherence to any foreign State or Power; or
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(4) Shall do, concur in, or adojit any act whereby he may become the subject
or citizen of any such IState or PoAvcr ; or
(5) Shall become an irisolvent or take advantage of any Law for the relief
of insolvent debtors ; or (G) Shall be attainted of treason, or be sentenced to imprisonment without the option of a fine for a term of not less than twelve months ; or
(7) Shall become of unsound mind ; or
(8) Shall accept any office of profit under the Crown other than that of a
Minister, or that of an officer of Our naval and military forces on
retired or half-paj^ ; his seat shall become vacant, and if any person under any of the disqualifications herein mentioned shall, whilst so disqualified, knowingly sit or vote as a Member of the said Council or Assembly, such person shall forfeit the sum of one hundred pounds, to be recovered by the Attorney-General for the benefit of the Treasury by action in the High Court ;
Bavinrj of pe7isioners. — Pro\ ided that a person in receipt of pension from the Crown shall not be deemed to hold an office of profit under the Crown within the meaning of this section.
23. Standing Rules and Orders. — (1) The Legislative Council and Legislative Assembly in their first Session, and from time to time aftenvards as there shall be occasion, shall each adof)t Standing Rules and Orders, joint as well as other- wise, for the regulation and orderly conduct of their proceedings and the despatch of business, and for the order in which the said Council and Assembly shall confer, correspond, and communicate with each other, and for the passing, intituling, and numbering of Bills, and for the presentation of the same to the Governor for Our assent.
(2) All such Rules and Orders shall by the said Council and Assembly res- pectively be laid before the Governor in Council, and being by him approved shall become binding and of force :
(3) Provided that the Standing Rules and Orders of the Legislative Council as now subsisting shall, until altered, added to, or amended, be the Standing Rules and Orders of the Legislative Council and of the Legislative Assembly. (T. 31. N. 39.)
24. Officers of Legislature. — The salary of the President of the Legislative Council and of the .Speaker of the Legislative Assembly shall be such as may be prescribed by any Law of the Colony ; and the Chief Clerk for the time being of the Legislative Council and of the Legislative Assembly shall respectively be removable from office only in accordance with a vote of the House of which he is an officer. (T. 32. N. 40.)
25. Privileges, <i;c., of Members. — (1) It shall be lawful for the Legislature of the Colonj?^ by any Law to define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and Legislative Assembly, and bj'^ the Members thereof respectively :
Provided tliat no such privileges, immunities, or powers shall exceed those for the time being held, enjoyed, and exercised by the Commons House of Parlia- ment of Our United Kingdom, or the Members thereof. (T. 33. N. 42.)
(2) L'ntil the Legislature shall so define the privileges, immunities, and powers of its Members those which are now held, enjoyed, and exercised by the Members of the subsisting Legislative Council shall be held, enjoyed and exercised by the Members of the Legislative Council and Legislative Assembly. (M. 39 (2).)
Legislation.
2C. Poiver to make Laws. — (1) It shall be lawful for Us and Our successors, by and with the advice and consent of the Legislature, subject to the provisions of these Our Letters Patent, to make all Laws, to be entitled " Acts," which shall be required for the peace, order, and good government of the Colony (T. 36. (1) N. 5.):
(2) A Law passed by the Legislature may repeal or alter any of the provisions of these Our Letters Patent, save those contained in this section, and those contained in Section 28 (relating to the reservation of Bills), Sections 39-47 (relating to Native Administration), Section 48 (relating to the Crown Land
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Agent), and Section 55 (relating to the Salary of the Ciovernor), and may like- wise repeal oi- alter any of tiie provisions of any Order in Oiw I^iivy Conneil extending to Southern Rhodesia other than piovisioiiH ad'i-eting any matter mentioned in this sub-section : (T. 36 (2) as modified in M. 41 (6).)
Provided however that no propose 1 J^aw for the eonstiiulion of a U-gisla(ive Council in pursuance of Section 2 of these Our i^etters I'atent sliall i ejical or altt v any of the provisions relating to the J^egislativc Council contained in these Our Letters Patent, and such provisions shall not be repealed oi' altered save by a Law passed by both Houses of the Legislature, after the constitution of a I^'gis- lative Council as aforesaid : (New.)
Provided further that no proposed Law for the repeal or alteration oi any such provisions of these Our Letters Patent as may be repealed or altered by the Legislature as aforesaid shall be valid unless it shall be aflirmed by not less tlian two-thirds of the total number of Members of each House of the Legislature, or, pending the constitution of a Legislative Council, of the Legislative Assembly, (c/. M. 41 (6) proviso.)
(3) Any Law made in contravention of the limitations imposed by Sub- section 2 of this section shall to the extent of such contravention but not o1 hcr- wise be and remain absolutely void and inoperative. (M. 41 (2).)
27. Presentation of Laws for Governor'' s assen' . — When any Law has ij. en pas:-cd by the Legislature it shall be presented for Our assent to the Governor, who shall declare according to his discretion, but subject to this Constitution and any instructions in that behalf given him, under Our Sign Manual and Signet, or through a Secretary ot State, that he assents in Our name, or that he withholds assent, or that he reserves the Law for the signification of Our pleasure. (T. 38. N. 6.)
28. Description of Bills to he reszrved. — Unless he shall have previously obtained Our instructions upon such Law through a Secretary of State, or unless such Law shall contain a clause suspending the operation thereof until the signification in the Colonj^ of Our pleasure thereupon, the Governor sluill reserve: — (T, 39.)
{a) Any Law, save in respect of the supply of arms, ammunition, or li([Uor to natives, whereby natives may be subjected or made liable to any conditions, disabilities or restrictions to which persons of European descent are not also subjected or made liable.
ifj) Any Law which may repeal alter or amend, or is in any way rejnignant to or inconsistent with such provisions of these Our Letters Patent, as may under these Our Letters Patent be repealed or altered by the Legislature, (c/. M. 48 (c).)
(c) Any Law constituting the Legislative Council passed in pursuance of Section 2 of these Our Letters Patent. (New.)
{d) Any Law altering or amending the arrangements relating to the collec- tion and allocation of mining revenues in force at the commencement of these Our Letters Patent under any existing Law of the Colony or otherwise, or any Law imposing any special rate tax or duty on minerals in or under land within the Colon3^ (N'ew.)
(e) Until legislation shall have come into force in Southern Rhodesia ado])!- ing, so far as may be applicable, the provisions of the law in force in Our United Kingdom relating to the Railway and Canal Commis- sioners and to the Rates Tribunal provided for by the Railways Act, 1921, any law dealing with railways witliin the Colony. (New.)
29. Return of Bills by Governor to the Legislature. — ^The Governor may retuin to the Legislative Council and Legislative Assembly any proposed Law so pre- sented to him, and may transmit therewith any amendments ^\llieh he may recommend, and the Legislative (!oimcil and Legislative Assembly may deal with the recommendation. (T. 40.)
30. Assent to Laws and time from which they take effect. — No Law passed by the Legislature shall take effect until either the Governor shall have assented thereto in Our name and on Our behalf, and shall have signed the same in token of such assent, or until We shall have given Our assent thereto by Our Order in Our Privy Council. (M. 46 )
(B 3/289) A 4
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31. Disallowance by the King.— It shall be lawful for Us, Our heirs, and suc- cessors, to disallow any Law within §one year from the date of tlie Governor's assent thereto, and such disallowance, on being made known by the Governor by Speech or Message to the Legislative Council and the Legislative Assembly, or by Proclamation in the Gazette, shall annul the Law from the day when the disallowance is so made known. (T. 41. N. 7.) (§c/". M. 47.)
32. Signijication of King' s pleasure mi Bills reserved. — A proposed Law reserved for Our pleasure shall not have any force unless and until, within §one year from the day on which it was presented to the Governor for Our assent, the Governor makes' known, by Speech or Message to the Legislative Council and the Legis- lative Assembly, or by Proclamation in the Gazette, that it has received Our assent. (T. 42.) (§c/. M. 49.)
33. Record to be made of King's assent to Bills reserved. — Whenever any Law has been reserved for the signification of Our pleasure thereon, and the Governor shall signify, either by Speech or Message to the Legislature or by Proclamation in the Gazette, that such Law has been laid before Us in Our Privy Council, and that We have been pleased to assent to the same, an entiy shall be made in the journals of the Legislative Council and the Legislative Assembly of every such Speech, Message or Proclamation, and a duplicate thereof duly attested shall be delivered to the proper officer, to be kept amongst the records of the Colony. (T. 43.)
34. Laws to be j^rinted in Gazette. — ^The Governor shall cause every Law to which he shall have assented in Our name or to which We shall have given Our assent as aforesaid to be printed in the Gazette for general information. (T. 44 as modified in M. 51.)
35. Copies of Laws to be enrolled. — As soon as may be after any Law shall have been assented to in Our name by the Governor or, having been reserved for the signification of Our pleasure. Our assent thereto shall, in the manner aforesaid, have been signified by the Governor, the Clerk of the Legislative Assembly shall cause a fair copy of such Law signed by the Governor to be enrolled on record in the office of the Registrar of the High Court, and such copy shall be conclusive evidence as to the provisions of every such Law : provided, however, that the vahdity of any such Law shall not depend upon the enrolment thereof. (T. 45.)
36. Disallowance to be notified in Gazette and certificates of disalloioance to be enrolled. — Whenever any Law assented to by the Governor in Our name as afore- said has been disallowed by Us, the Governor shall cause notice of such disallow- ance to be published in the Gazette and a certificate of such disallowance, certi- fied under the Public Seal of the Colony, to be enrolled in the office of the Registrar of the High Court. (T. 46 as modified in M. 53.)
The Ministry.
37. Ministers. — (1) The Governor may appoint such officers as he thinks fit, not exceeding six in number, to be Ministers, one of whom he shall designate as Head of fie Ministry, who shall be styled the Premier, and may assign to each Minister the Headshii) of such Dej)artment or Departments as he shall think fit.
(2) Appointments to the office of Minister shall be made by the Governor in Our name, and such offices shall be held during Our pleasure.
(3) After the first general electiuc of Members of the Legislative Assembly no Minister shall hold office foi a longer period than four months unless he is or becomes a Member of either House of the Legislature.
(4) No Minister shall vacate his seat in the Legislative Council or Legislative Assembly by reason of his appointment to or retention of an office in the Ministry.
(.5) Every Minister shall have the right to sit and speak both in the Legis- lative Council and Legislative Assembly, but shall vote only in the House of which he is a Member. (T. 47 as m.odified in M. 54.) (c/. South Africa Act, 1909, Sec. 14.)
/
15
.It rxiKs.
38. Judr]rii n/ij>ninh)i( I'K trnvrr and rrwwwcm/io/;.- Tlu- Jiulfzi-.s df (Ik llij^li Court —
(1) Sluill he apiiuiiiti'd l)y tlic CioNcinur in CuuiKil ;
(2) Shall not be rciiiovod c-xccpt by the (governor in C'ouiuil on an Addirss
from the Legislative Council and Legislative Assembly in the same Session piaying for such removal on the ground of proved misbehaviour or incapacity ;
(3) Shall receive such remuneration as shall from time to time be jtreserilnd
by Law, but the rcmunerati(m of a Judge shall not be diminished during his tenure of oiHce, and the remuneration of the presenl Judges shall not be diminished, and their commissions shall continue as heretofore. (T. 48.)
Native Administkatiox.
39. Nalive Dencirltttrut rtuJ iljijinfiii'iiiiTrf; fir, rf'rfjnvn \f fM,j,iirhffi' — (1) There shall be a Native Department, the permanent head of whicli sludl l»e appointed by the Governor in Council with the approval of the High Commi.s- sioner, and all Chief Native Commissioners, Superintendents of Natives, Native Commissioners and Assistant Native Commissioners, or any oflicers ajjpointed to exercise the functions now exercised by the aforesaid officers or any of them shall be appointed in the like manner and subject to the like api)rovaI, and the said officers shall continue to perforin the duties at present assignerl to t hem subject to any alterations or additions which the Governor in Council may from time to time, with the apjiroval of the High Commissioner, prescribe by notice in the Gazette, (cf. S.R. 79 (1).)
(2) The salaries of the officers mentioned in the preceding sub-section shall be fixed bj^ the Governor in Council with the appioval of the High Commissioner, and shall not be increased or diminished \\ithout his approval. (S.R. 79 (2) and 71 (2).)
(3) The officers mentioned in this section may at any time be removed fiom office by the Governor in Council, with the approval of the High Commissioner, but not otherwise. (S.R. 72.)
40. Suspension and removal of officers of Native Deparltnenl. — ( 1 ) The Governor in Council maj% and if so requested by the High Commissioner shall, susjiend any of the officers referred to in the last preceding section foi- misconduct ; but shall fiist cause him to be furnished with a written statement of the acts of mis- conduct alleged against him, and cause iiim to be called on to state in writing by a given day (which shall allow a reasonable interval) any grounds upon which he relies to exculpate himself.
(2) If the suspension takes place, the Governoi- shall forthwith transmit a full report of the matter, and the proofs of the alleged misconduct to the High Commissioner, who maj' confirm or disallow the suspension.
(3) H the suspension is confirmed, the suspended officer is 'thereby lemoved from office ; if it is disallowed, the suspended officer is thereby restored to office, and is entitled to any salary that has been withheld during his susi^cnsion.
(4) If the High Commissioner is of opinion that the officer deserves punish- ment, but not the extreme ])enalty of removal from office, he may. instead of disallowing the suspension, direct that the officer Vjc restored to office, but be required to serve at a i educed salaiy, either permanently or for a stated jieriod : or that a specific sum be deducted from any salary due or to become due to the officer; or that he be transferred to a lower ofKce. (S.R. 75.)
41. Restrictive Regulations, etc., as regards natives. — Njj..(iin(lititmhi (lisiliiliti( .-^ or restrictions which do not equally apply to persons of European descent sliall, witEourtlie previous consent ot the Higli L'onnnissioner, be imposcdLujJOujgR-i ves (save in respect nf thejinpply of fljaM%-H,»>TnTrhTtTrm an<l nqTior^. b"v any Proclama- tion j_ReguljiliQi]L-mLXdii£iJiistiTi^^ I>n «'. unless such conditions, disabilities, or restrictions shall have bcen_i:xplicitly prescrijjed. defined and liniit<^d '" Hue.h ^s\^x — {cf. S.R. 80.)
42. N^
16
VfUin: Rcirrvr-i. — TIk' SoiitluTn Rliodcsia Onlui' in CouTu-il, 1020, wliereby^ the lands kiimvi' '^•^ t'^*^' ^'ttivo llest ives were vesica in the Hi^li Uommisgloner j andstX apart tor tlie sole and exclusive use of the native inliabitants of Southern Rhodesia, shall continue in full foreeand^flcGt as if it formed ][iart of these Our Leltei-i^ Patent, and no portion of the land comprised within the said. Reserves shall be alienatedexcejrtXQr-the purposes fHithorized by the sa4d Oi'der .-and then only in exchange for other^urtablejaad. (New. See Report § 64 (3).)
43. Acquisition of land bu natives.— A native may acquire, hold, encumber and dispose of land on the same conditions as a pejtson who is not a native, but no contract tor encumbering or alienating land the property of a native shall be valT(T^unless ttie contract is made in the presence of a Magistrate, is attested by him, and bears a certificate signed by him stating that the consideration for the contract is fair and reasonable, and that he has satisfied himself that the native understands the transaction. (S.R. 83.)
44. Information as to native affairs to be given to High Commissioner. — The Crov^ernor shall furnish to the High Commissioner any information relating to native affairs which the High Commissioner may request. (New.)
45. Reference of questions relating to natives to a Jwlge. — The Governor in Council shall, if so requested by the High Commissioner, refer any question relating to natives for report to any Judge of the High Court, and the Judge shall theieupon make such enquiry as he thinks fit, and shall report to the Governor in Council the result of such enquiry. The Governor shall transmit sucIt report to the High Commissioner with a statement of the action which the Governor in Council proposes to take in the matter. (S.R. 86.)
46. Offences by chiefs or tribes. — T;i pa<jp nf n. T■(.^ nit against the Govermnent, or ijthgjLniiiicondttet ppnimittpd by q "'^tiv" ^hi"f "r trib", th" C"vi'n"r '" <^'nvr"^''\ ma3% with the gppi-mral pf tliP TTiffl^ nnn-imicci'nnt^r^ jpipose a reasmia.bUa- fine upmi the offender^ (S.R. 88.)
47. Native Councils. — (1) It shall be lawful for the Governor in Council, subject to the approval of the High Commissioner, at any time after the commencement
• of these Our Letters Patent, to establish by Proclamation in any Native Resei-ve or Reserves such Council or Councils of indigenous natives representative of the local chiefs and other native residents as may seem to him expedient, for the discussion from time to time of any matters upon which, as being of direct interest or concern to the native population generally or to any portion thereof, he may desire to ascertain, or they may desire to submit, their views ; and, subject to the like approval, to make regulations for the constitution of such Council or Councils, for the appointment of the places and times of meeting, for the manner of conducting the proceedings, and for all other matters incidental or properly appertaining to the establishment and periodical meetings of such Council or Councils, including, if he think fit, the occasional or regular meeting of any two or greater number of such Councils in joint session.
(2) It shall also be lawful for the Governor in Council, subject to the like approval, to make regulations conferring on any such Council such powers of management in connection with local matters affecting the indigenous natives as can in his opinion be safely and satisfactorily undertaken by them, and by such regulations or by any subsequent regulations to make all such provisions as may bo necessary in order to give effect to such powers. (New, cf. Union of South Africa Act, 23 of 1920.)
Crown Lajtd Agent.
48. Appointment, etc., of Croim Land Agent.~{l) The Secretary of State shall appoint an officer who shall be called the Crown Land Agent and shall fix the amount of his salary and of the salaries of any persons employed under him for the purposes of this section. The Crown Land^ Agent shall "be assisted by an Advisory Board consisting of such persons as the Secretary of State shall appoint to represent the various interests concerned in the disposal of and revenue pro- duced by all rights and interests in lands within the Colony to which this section.
17
relatrs. The said Board shall tonsidci- and advise ii|miii ail mailers which may be referred to it by the Crown Ijaiid Aszeiit, but the deeision of all such matters shall be vested exchisively in the Crown l^nd Agent.
(2) Rights of British South Africa Conqxtinj in relation to lauds aliiiiutcd Ixforc coinmencement of Letters Patent transferred to Crown Land Afjent. — All rights of the British South ^\friea Company in or in relation to any lands within the Colony which shall, before the commencement or these Our Letters Patent, have been alienated by the Company, whether by grant or by permit of oceuj)ation oi- h}' lease giving option of purchase or by any other instrument whatsoevei-, but for which full payment shall not have been made by the purchaser, shall, save and except any rights reserved by any such instiainient to the Company with regard to minerals, vest in the Crown Land Agent, and he shall have the right to receive in Our name and on Our behalf all purchase money remaining unjjaid, all rents of any description payable, and all interest on mortgage-bonds held 1)3' the Company as security for unpaid purchase money, in respect of any such lands, and all other re\'enue whatsoever that may be derived therefrom, and it shall be lawful for him to exercise- and perform in Our name and in Our behalf all such powers and functions with regard to such lands and the instruments relating thereto as might have been exercised and performed by the Company if these Our Letters Patent had not been made.
(3) Unalienated lands vested in Crown Land Agent for sale or other disjiositicn. — All lands and rights or interests in any lands within the Colony other than the Native Reserves which, at the commencement of these Our Letteis Patent, arc unalienated and any lands and rights or interests in any lands reverting to Us under any instrument referred to in the preceding sub-section shall vest in the Crown Land Agent on tiust to hold the same, and any revenues accruing there- from, in Our name and on Our behalf subject to the rights of the Comi)any therein with regard to minerals, and it shall be lawful for him, so long as any part of the debt due to the Company on account of its administiative deficit remains unpaid, from time to time to sell or otherwise dispose of so much thereof as may be practicable at such prices as may in all the circumstances be, in his opinion, fair and reasonable, and on any such terms and conditions and subject to any such reservations in the public interest or in the interest of natives estab- lished thereon, as have heretofore been found suitable, and, subject to a due regard for the public interest, he shall use all reasonable despatch in so selling or disposing of such lands.
(4) Exemption from rates and taxes. — It shall not be lawful for the J^egislati\e Assembly to pass any law, vote or resolution imposing oi' authoiisijig any rate, tax, or duty on any unalienated lands or on any revenues to m hich this section applies, so long as the said section shall continue in operation.
(5) Disposal of revenue from land by Crmni Land Agent. — The Crow i\ Land Agent shall pay all revenue accruing under this section in i'cs))cct of lands within the Colony into an account to be called the Crown Lands Account, and shall thereout first pay all expenses incinred in connection v\ ith the \\()iking of his office, including all salaries referred to in sub-section (1) of this section, antl with the management and administration of lands alicnaled before the commence- ment of these Our Letters Patent and the collection of any such revenue as afore- said, and with the sale or disposal of any lands hereafter to be sold or dis|)()sed of as aforesaid, and shall pay over the l)alancc standing to the credit of the said Account at the end of each quarter to the Company.
(6) Lands remaining unalienated after debt to Company is paid vested in the Governor. — When the Secretary of State shall have certified bj' notice published in the London Gazette that the said debt due to the Company has been extin- guished this section shall cease to have any force or eft'ect, and thereafter all rights, interests and revenues to Us belonging or acciuing in respect of lands within the Colony, other than the Native Reserves, shall vest in the (iovernor. (New.)
18
Genei'vAL Provisions. <ig.—Cnusolifi/tlrd Revenue Fund. — All taxes, imposts, rates and duties, and all tcrritoiial, easual and other revenues of the C'rown from whatever source aiising within tlie Colony over which the Legislative C-ouncil and Legislative Assembly have power of appropriation, shall form one Consolidated Revenue Fund to'be appropriated to the Public Service of the Colony in the manner and subject to the charges hereinafter mentioned. (T.53. N.46.)
50. Costs nf collection and manmjement of Fund.—{ 1 ) The Consolidated Ptcvenue Fund shall be permanently charged with all the costs, charges and expenses incident to the collection, management and receipt thereof.
(2) All such costs, charges and expenses shall be subject to be reviewed and audited in such manner as may from time to time be directed by any Law passed by the Legislature. (T. 54. N. 47.)
5L Repayment of any monies provided by the Treasury for 2Myment of com- 2jensation to the British Smith Africa Cmnjjamj in respect of pmhlic works and buildings. — In the event of any monies being provided by the Lords Commissioners of Our Treasury for the payment of compensation to the British South Africa Company in respect of any buildings or works belonging to the Company and used exclusivel}' or mainly for administrative or pubHc purposes which may be taken over by fs in accordance with the provisions of Clause 33 of the said Company's Charter of Incorporation, dated the 29th day of October, 1889, for the public purposes of the Colony after the commencement of these Our Letters Patent, the Consolidated Revenue Fund shall be charged with all such monies, togethei' with interest thereon, at a rate to be fixed by the said Lords Com- missioners of Our Treasury, and all such monies and interest as aforesaid shall be fully paid and discharged not later than the expiration of twelve months from the commencement of these Our Letters Patent. (New.)
52. Appropriation and Taxatio^i Bills to originate in the Legislative Assembly — All Bills for appropriating any part of the Consolidated Revenue Fund or for imposing, altering, or repealing any rate, tax, duty, or impost, shall originate in the Legislative Assembly. (T. 55. N. 48.)
53. Powers of Legislative Council tJieremi. — The Legislative Council may not alter any Money Bill passed by the Legislative Assembly, but may return to the Legislative Assembly any such Bill and may transmit therewith any amendments which they I'ecommehd, and the Legislative Assembly shall consider and deal with such recommendation, and thereafter the Legislative Council may either accept or reject such Bill but may not alter it. (T. 56 as modified in M. 61. N.49.)
54. Manner in which the Public Revenue shall be appro2mated to the Public Service. — (1) It shall not be lawful for the Legislative Assembly to pass any Law, vote, or resolution which shall have the effect of appropriating any part of the Consolidated Revenue Fund or of imposing, altering, or repealing any rate, tax, or duty unless such Law, vote, or resolution has been first recommended to the Assembly by Message of the Clovernor during the session in which it is proposed.
(2) Xo part of the Consolidated Revenue Fund shall be issued except in pursuance of a Warrant under the hand of the Governor directed to the Treasurer.
55. Salary of Governor. — ^(1) There shall be payable to Us, in every year, out of the Consolidated Revenue Fund, for the salary of the Governor the sum of four thousand pounds. (South Africa Act, 1909, sec. 10.)
(2) The salary of the Governor shall not be altered during his continuance in office. (T. 57 as modified in M. 62. N. 50 and 51.)
56. Puhlic officers appointmetit and removal, etc. — All persons in the Public Service of Southern Rhodesia at the commencement of these Our Letters Patent shall become public officers of the Colony, and the appointment to, and removal from, all public offices under the Government of the Colony hereafter to become
10
vacant or to be created, save tliose of Ministers and Olliccrs of the Native Depni t - nient mentioned in Section 39 of these Our Letters Patent, shall, subject to any Law hereafter in force in the Colony, be vested in the Ciinenior in Council : Provided that no public oflicei' in the Colony who shall have been appointed to his office before tlie date of the coniniencenient of these Our Letters Patent shall be removed from his office or have his emoluments reduced save in acct)rdance with the Law, regulations or conditions governing his services at the date of these Our Letters Patent. (T. 59 as modified in M. 64. N. 53 and 54.)
57. Pensions and Gratuities. — (1) All ])ensions and gratuities which have been granted to persons who have retired from the Public Service of Southern Rhodesia before the date of the commencement of these Our Letters Patent shall be governed by the Law or rules under which they were granted.
(2) A public officer who shall have been appointed to his office in Southern Rhodesia before the date of the commencement of these Oui- T^etters Patent shall be entitled to have his claim to pension or giatuity governed by the Law or rules whicli now regulate the grant of j)ensions and gratuities in Southern Rhodesia, unless he shall be entitled under any Law or rules \\liich may hereafter be substituted foi- the same, to exeicise an option to have his said claim governed by such substituted Law or rules, and duly exercises the said option.
(3) All pensions and gratuities which have been or may be hereafter granted in accordance with the Law or rules which at the date of such grant regulated or regulate the grant of pensions and gratuities in Southern Rhodesia, to persons who have retired or shall retire from the Public Service of Southern Rhodesia, or whose offices in Southern Rhodesia have been or shall be abolished, shall be charged upon and paid out of the Consolidated Revenue Fund. (M. 65.)
58. Powers of High Commissioner. — From and after the commencement of these Our Letters Patent the High Commissioner shall exercise only such power, jurisdiction, or authority within the Colony as may be granted or reserved to him by these Our Letters Patent. (New.)
59. Powers of Admimstrator, how to he exercised. — (1) Where, under any Law of the Colony, any powei', jurisdiction or authority is at the commencement of these Our Letters Patent exercised by the Administiator, such ])ower, jui'is- diction or authority shall be exercised by the Goveiiior in Council, and where, under any such Law, any power, jurisdiction oi' authoiity has 1>een conferi-ed on any Member of the existing Executive Council of Southern Rhodesia, such power, jurisdiction or authority shall be exercised by the Minister to whom it shall be assigned by the Governor in Council. (T. 61 (1).)
(2) Meaning of " Legislative Council '" in existing Laivs. — Wheie in any existing Law the words " Legislative Council " occur, they shall, unless the context other- wise indicates, and save in so far as the Law or any pi-ovision thereof deals with any matter mentioned in Section 20 (2) of these Our Letteis Patent, be lead as if they were " Legislative (,'ouncil and Legislative Assembly." (T. 61 (2) as modified in M . 66 (4) . N . 41 .)
60. Power to amend by Prodaination. — The Govei-nor may, by Proclamation in the Gazette, at any time within one year from the date of the commencement of these Our Letters Patent, and provided that Our approval be j)reviou8ly signified to him through a Secretaiy of State, vary, annul, or add to any of the provisions of these Oin- Letters Patent in order to carry out the ])ur])oses of the same, and may provide foi' any other mattei- necessary in oidei- to carry into effect the provisions thereof. (T. 62 as modified in M. 67.)
6L Power reserved to His Majesiij to revoke, alter or amend certain sections of tlie present Letters Patent. — AVe do hereby reserve to Ourselves, Our heii-s anil successois, full powei' and authority from time to time to levoke, alter or amend Sections 20, 28, 39-48 and 55 of these Our Letters Patent as to L's or Them shall seem meet. (M. 68.) "*
20
62. D''Jiniliom. — In these Our Letters Patent, unless the contrary intention appears (T. 63. M. 69.)—
" Existing Electoral Laws " means such provisions of any Proclamations issued by the High Commissioner and of any Ordinances passed by the subsisting Legislative Council as, being in force at the date of the commencement of these Our Letters Patent, shall regulate the qualification and disqualification of persons as voters or candidates for the subsisting Legislative Council, the constitution of electoral districts, the registration of voters, the preparation of lists of voters, the nomination of candidates, corrupt and illegal practices, the conduct of elections, the hearing of election petitions and all other matters connected with the election of Members of the subsisting Legislative Council. (New.)
" Gazette " means the Official (iazette of Southern Rhodesia.
" Governor " means the Officer for the time being Administering the Govern- ment of the Colony.
" Governor in Council " means the Governor acting by and with the advice of the Executive Council.
" High Commissioner " means Our High Commissioner for the time being for South Africa.
" Month " means calendar month.
" Legislative Council " means any Legislative Council wliich may hereafter be constituted by any Law passed in pursuance of Section 2 of these Our Letters Patent. (New.)
" President " means the Member of such Legislative Council who shall be appointed or elected under the provisions of such Law to preside at the meetings of the said Council. (New.)
" Speaker " includes Deputy Speaker.
" Secretary of State " means one of Our Principal Secretaries of State.
6.3. Commencement of Letters Patent. — (1) These Our Letters Patent shall commence and come into operation on a day to be fixed by the High Com- missioner by Proclamation in the Gazette and thereafter shall be proclaimed at such place or places within the Colony as the Governor shall think fit. (T. 64).
(2) Existing Law, etc., to contimie in force save as reinignant to the present Letters Patent, — All Charters, Orders in Council, Ordinances, Proclamations and I-aws which at the date of the commencement of these Our Letters Patent are in force within the Colony shall, until duly repealed or varied, continue to be of the same force, authority and effect as if these Our Letters Patent had not been made, except in so far as the same are repugnant to these Our Letters Patent, in which case they are to that extent hereby amended and repealed. (N. 4.)
64. Short Title. — These Our Letters Patent may be cited as " The Southern P^hodesia Constitution Letters Patent, 192 ." (T. 65.)
In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster this day of in the
Year of Our Ileign.
By Warrant under the King's Sign Manual.
21
ENCLOSURE No. III.
PFvAFT.
SOUTHERX IIHODESIA.
Lettkrs Patent passed undci' tlio Gioat Seal of tlio I'nitod Kingdom const it iifinfi
tho Ollico of Governor.
WHEREAS by Lettci.s Patent bearing even date lu'iowith and entitled the Southern Rhodesia Constitution Letters Patent 192 , jtiovision lias been made for tlie constitution of Res]ionsible (Jovernment in Oui' Colony of Soutliern Rhodo^sia :
And whereas We are minded to make provision for the constitution of tlit office of Governor and Commander-in-(Jhief of Our said Colony :
NOW know Ye that We do declare Our will and pleasure to be as follows : —
1. Appointment of Governor. — There shall be a Governor and Commander-in- (;!hief in and (xver Our Colony of Southern Rhodesia, and ap]iointments to the said Office shall be made by Commission under Our Sign Manual and Signet.
2. Governor's powers and authorities. — We do herebj' authorise, empower and command Our said Governor and Commander-in-Chief (hereinafter called the Governor) to do and execute all things that belong to the said Office of Governor according to the tenor of these and any other Our Letters Patent, having elTect within the Colony, and of such Commission as may be issued to him undei- Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Colony.
3. Publication of Governor's Commission. — Every person appointed to (ill the Office of Governor shall, with all due solemnity, before entering on any duties of his Office, cause the Commission apjjointing him to ])e Governor to be read and published in the presence of the Senior Judge of the High Court or of some other Judge of the said Court, and such of the Members of the Executive Council of the Colony who can conveniently attend, which being done, he shall then and there take before them the Oath of Allegiance in the form provided by an Act passed in the Session holden in the thirty-first and thirty-second years of the reign of Her Majesty Queen Victoria intituled " An Act to amend the Law relating to Promissory Oaths " ; and likewise the usual Oath foi- the due execution of his Office and for the due and impartial administration of justice, a\ Inch Oaths the said Senior Judge or Judge is hereby required to administer.
4. Public Seal. — The Governor shall keep and use the Public Seal <>f the Colony for sealing all things whatsoever that shall pass the said Seal.
5. Executive Council. — There shall be an Executive Council in and foi' the Colony, and the said Council shall consist of such persons being Ministers or other persons as the Governor shall, from time to time in Our name and on Our behalf, but subject to any Law of the Colony, appoint under the Pul)lic Seal of the Colony to be Members thereof. Subject to any such Law the Meinbeis of the Executive Council shall hold office during Our pleasure; provided that the Members of the Executive Council existing at the commencement of these Our Letters Patent may, if the Governor thinks fit, continue to hold office initil the appointment of Ministers.
6. Grant of Lands. — -The Governor may, in Our name and on Oui' behalf, make and execute under the Public Seal grants and disjiositions of any lands within the Colony which may be lawfully gianted or dis])osed of by Us other than the lands with regard to the grant and disposition of which provision is made under the Southern Rhodesia Constitution Letters Patent 192 .
7. Appointment of Officers. — Subject to the Southern Rhodesia Constitution Letters Patent 192 , the Governor may constitute and appoint in Our name and on Our behalf all such officers in the Colony as may be lawfully constituted or apj)ointed by Us.
8. Susjiension or removal from Office. — Subject to the said Letters Patent the Governor may, so far as We Ourselves lawfully may, upon sufficient cause to him ap])earin<i, remove from his Office, or sus))end fiom the exercise of the same, any jierson holding any oHice or place within the Colony under or by virtue of any Commission or Warrant or other Instrument granted, or which may be granted by Us or in Oijr name or under Our autliority, or by any other mode of appointment.
9. Grant of pardon. Remission of fines. Proviso. Baniishment. Exception. Political Offences. — When any crime or offence has been committed within the Colony, or for which the offender may be tried therein, the Governor may, as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime or offence who shall give such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one ; and further, may grant to any offender convicted of any such ci'ime or offence in any Court, or before any Judge or Magistrate, within the Colony, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as he may think fit, and may remit any fines, penalties or forfeitures due or accrued to Us : Provided always, that if the offender be a British subject, or a British subject by naturalisation in any part of Our Dominions, the Governor shall in no case, except where the offence has been of a jiolitical nature unaccompanied by any other grave crime, make it a condition of any pardon or remission of sentence that the offender shall be banished from oi' shall absent himself or be removed from the Colony.
10. Succession to the Government in the event of the death, etc., or absence of the Governor from South Africa. — In the event of the death, incajiacity, removal or absence from South Africa of Our said Governor, or of his being from any cause prevented from acting in the duties of his office, all and every the powers and authorities granted to him shall, until Our further pleasure is signified therein, be vested in such person as We may appoint under Our Sign Manual and Signet, and such person shall have and exercise all such powers and authorities until Our further pleasure shall be signified : Provided that no such powers or autho- I'ities shall vest in such person until he shall have taken the oaths hereinbefore directed to be taken by the Governor of the Colony, and in the manner herein prescribed.
11. Temporary absence of the Governor. — Whenever and so often as the Governor shall be temporarily absent from the Colony in pursuance of any Instructions from Us through One of Our Principal Secretaries of State, or shall be absent from the Colony for the purpose of visiting Our High Commissioner for South Africa or the Governor-General or Officer Administering the Govern- ment of Our Union of South Africa for a period not exceeding one month, then and in every such case the Governor may continue to exercise all and every the powers vested in him as fully as if he were residing within the Colony.
12. Governor may appoint a Deputy during his temporary absence from seat of Government or from the Colony. — In the event of the Governor having occasion to be temporarily absent for a short period from the seat of Government or from the Colony, he may, in every such case, by an Instrument under the Public Seal of the Colony, constitute and appoint any person to be his deputy within the Colony, or any part thereof, during such temporary absence, and in that capacity to exercise, perform and execute for and on behalf of the Governor during such absence, but no longer, all such powers and authorities vested in the Goveinor, as shall in and ))y such Instrument be specified and limited, but no others. Every such Deputy shall conform to and oljserve all such Instructions as the Governor shall from time to time address to him for his guidance : provided nevertheless.
23
that by the apjmintiiicnt of a Dciiuty, as aforesaid, the piiwrr and autlioiity of the Governor shall not be abridjied, altered or in any way alTeeted, otherwise than We may at any time hereafter think propei- to direet :
Provided further that, if any sueh l)e])uty shall have been duly ap|)ointed, it shall not be necessary during the continuanee in office of sueh Deputy for any person to agsume the Government of the Colony as Administrator thereof.
13. Officers and others to obey the Gor-ernor. — And We do hereby recpiire and command all Our Officers and Ministers, Civil and Military, and all other the inhabitants of the Colony, to be obedient, aidinfr and assisting unto th<> (io\ ernor, or to such person or persons as may from time to time, under the provisions of these Our Letters Patent, administer the (Jovernment of the Colony.
14. Term " the Governor " explained. — In the construction of these Oin- Letters Patent, the term " the Governor," unless inconsistent with the context, shall include every person for the time being administering the Government of the Colony.
15. Power reserved to His Majesty to revoke, alter or amend jrresejit Letters Patent. — And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter or amend these Our Letters Patent, as to Us or them shall seem fit.
16. Proclamation of Letters Patent. — And We do direct and enjoin that these Our Letters Patent shall commence and come into operation on a day to lie fixed by the High Commissioner by Proclamation in the Southein Rhodesia Govern- ment Gazette and thereafter shall be read and proclaimed at such place or places within the Colony as the Governor shall think fit.
In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at this day of
in the year of Our Reign.
By Warrant under the King's Sign Manual.
24
ENCLOSURE No. IV.
DRAFT. ♦
LsSTRUCTJONS payscd under the Koyal Sign iVIanual and .Signet, to the CJoveinor and Conunandcr-in-Chief of the Colony of Southern Rhodesia.
Instructions to Our Governor and Commander-in-Chief in and over Our Colony of Southein Rhodesia, or to the officer for the time being administering the Government of Our said Colony.
Given at Our Court at St. James, this day of in
the year of Our Ik-ign.
WHEREAS by certain Letters Patent bearing even date herewith We have constituted, ordered, and declared that there shall be a Governor and Commander- in-Chief (therein and hereinafter called the Governor) in and over Our Colony of Southern Rhodesia (therein and hereinarfter called the Colony) :
Kecites Letters Patent, coiistitviing the office of O'orernor. — And whereas We have by the said Letters Patent authorised, empowered, and commanded the GoverTior to do and execute all things that belong to his said Ofhce, according to the tenor of the said Letters Patent and any other Our Letters Patent having effect within the Colony, and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in force in the Colony.
NOW, therefore, We do hereby direct and enjoin and declare Our Will and Pleasure to be as follows : —
Term ''Governor.'' — I. In these Our Instructions, unless inconsistent with the context, the term " Governor " shall include every person lor the time being administering the Government of the Colony.
II. Oaths to he administered hy Governor. — The Governoi' may, whenever he thinks fit, require any person in the public service to take the Oath of Allegi- ance, together with such other Oath or Oaths as may from time to time be pre- scribed by any Law in force in the Colony. The Governor is to administer such Oaths or cause them to be administered by some Public Officer of the Colony.
III. Governor to cotatminicate instructions to Executive Council. — The Governor shall forthwith communicate these Our Instructions to the Executive Council, and likewise all such others, from time to time, as he shall find convenient for Our sei-\'ice to impart to them.
IV. Executive Council nut to proceed to business unless sumrnoncd hy the Governor's authority. Quorum. — The Executive Council shall not proceed to the desjiateh of busmess unless duly summoned by authority of the Governoi'. nor unless two Members at the least (exclusive of himself or of the Member presiding) be present and assisting throughout the whole of the meetings at which any such business shall be despatched.
V. Governor to preside, and, in his absence, such Member as he way appoint, or . the Senior Member, to jjreside. Seniority of Members. —The Governor shall attend
and preside at the meetings of the Executive Council unless prevented by somt-
25
necessary or reasonable cause, and in his absence such Member as may be appointed by liiiu in that behalf, or in the absence of sucli Membci' tlie senior Member of the Executive Council actually present shall preside. The seniority of the Members of the said Council shall be prescribed by the Ck)vernor.
VI. Governor to t%ke advice of Executive CotuiciL — In the execution of the iK)\vcr8 and authorities vested in him, the Governor shall l)e sj^uided by the advice of the Executive Council, but if in any case he shall see sufficient cause to dissent from the opinion of the said Council, he may act in the exercise of his .said i)owei-s aiul authorities in opposition to the opinion of the Council, reporting the matter to Us without delay, with the reasons for his so acting.
In any such case it shall be competent to any Member of the said Council to require that there be recorded upon the Minutes of the Council the grounds of any advice or opinion that he may give upon the question.
VII. Description of laws not to he assented to. — The Governor sliall not assent in Our name to any law of any of the following classes : —
1. Any law for divorce.
2. Any law whereby any grant of land or money or other donation or grat\iity
may be made to himself.
3. Any law affecting the currency of the Colon3\
4. Any law imposing differential duties.
5. Any law the provisions of which shall appear inconsistent with oljligations
imposed on Us by Treaty.
6. Any law of an extraordinary nature and importance whereby Our pre-
rogative or the rights and property of Our subjects not residing in the Colony, or the trade and shipping of the United Kingdom and its dependencies may be prejudiced.
7. Any law containing provisions to which Our assent has been once refused
or which have been disallowed by Us.
Unless he shall have previously obtained Our Instructions upon such law through one of Our Principal Secretaries of State, or imless such law shall contain a clause suspending the operation thereof until the signification in the Colony of Our pleasure thereupon.
VIII. Regulation of power of pardon in capital cases. Judge's Report to be laid before Executive Council. Governor to consult Executive Council in sttch cases. May exercise his own judgment. Entering his reasons on the Council Minutes. — Whenever any offender shall have been condemned to suffer death by the sentence of any Court, the Governor shall consult the Executive Council upon the ease of such offender, submitting to the Council any lleport that may have been made by the Judge who tried the case ; and wlienever it appears advisable to do so, taking measures to invite the attendance of such Judge at the Council. The Governor shall not pardon or reprieve any such offender unless it shall apjM'ar to him expedient so to do, upon receiving the advice of the Executive Council thereon ; but in all such cases he is to decide either to extend or to withhold a pardon or reprieve, according to his own deliberate jiulgment, whether the Members of the Executive Council concur therein or otherwise ; entering never- theless, on the Minutes of the Executive Council, a Minute of his leasons, at length, in case he should decide any such question in opposition to the judgment of the majority of the Members thereof.
IX. Officers to be appointed during j^leasurc. — All conunissions granted by the Governor to any persons to be Officers in the Colony shall, unless otherwise provided by law, be granted during pleasure only.
X. Governor not to quit the Cohny. Temporary leave nf absence. — Except in accordance with the provisions of any Letters Tatent or of any Connnisaion under Our Sign Manual and Signet the (Joveinor shall not, upon any pretence
Ji*or^C3»y
26
whatever, quit the Colony, without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of Our Principal Secretaries of State, unless for the purpose of visiting the High Commissioner for South Africa or the Governor-General or Officer Administering the Govern- ment of Our Union of South Africa, for periods not exceeding one month at any one time, nor exceeding in the aggregate one month for every year's service in the Colony.
XI. Governor'' s absence from the Colony. — The temporary absence of the Governor for any period not exceeding one month shall not, if he have previously informed the Executive Council in writing of his intended absence, and if he have duly appointed a Deputy in accordance with the above recited Letters Patent, nor shall any extension of such period sanctioned by one of Our Principal Secretaries of State and not exceeding fourteen days, be deemed absence fiom the Colon V within tlie meaning of the said Letters Patent.
UNIVERSITY of CALIFORNIA
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